Fulwood v. . Fulwood
Supreme Court of North Carolina
Appeal by plaintiffs from Bragcm, J., at September Special Term, 1912, of BruNswick. This is a proceeding for the partition of five tracts of land between the heirs of Benjamin Fulwood.
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Appeal by plaintiffs from Bragcm, J., at September Special Term, 1912, of BruNswick. This is a proceeding for the partition of five tracts of land between the heirs of Benjamin Fulwood. It was admitted at the trial that the said Fulwood acquired a 200-acre tract of land in 1875, which is not embraced in this proceeding; that he acquired the first and second tracts described'in the petition in 1881, and the third tract in said petition in 1882, and the fourth and fifth tracts at some other time. The first, second, and third of said tracts adjoin the 200-acre tract, on which was the home,…
1Opinion of the CourtAlleN, J.
The description of the land devised to the defendant as “the homestead tract” presented the case of a latent ambiguity, as it was uncertain what land was intended to be included under that designation, after it appeared that the 200-acre tract and the first, second, and third tracts described in the petition were adjoining tracts, and that the lands were acquired under different descriptions and at different times. Sherrod v. Battle, 154 N. C., 353. It was then permissible to introduce extrinsic evidence to fit the description, and for that purpose the declarations of the testator at the time…
2Cases cited1 opinion
- Sherrod v. . BattleSupreme Court of North Carolina · 1911
3Cited by14 opinions
- In Re Will of SmithSupreme Court of North Carolina · 1913
- State v. SmithSupreme Court of North Carolina · 1913
- Newbern v. . HintonSupreme Court of North Carolina · 1925
- Barbee v. DavisSupreme Court of North Carolina · 1924
- Snyder v. Town of AsheboroSupreme Court of North Carolina · 1921
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